RANJAN SHARMA Vs. RAMBABU VAISHYA

JUDGEMENT

(1.) The order in this revision shall also govern the disposal of Civil Revision No. 670 of 2000 (Raju Sharma v. Rambabu Vaishya) and Civil Revision No. 671 of 2000 (Smt. Laxmidevi Sharma v. Rambabu Vaishya), as all these three revisions arise out of a common order dated 31-3-2000 passed by Eighth Civil Judge Class-I, Gwalior in Case No. 4A/96.

(2.) All these revisions are filed by the defendant, against whom a decree for ejectment was passed and was maintained up to the Supreme Court. The petitioners were tenant of the respondent landlord paying rent at the rate of Rs. 270/- per month. The suit was decreed by the trial Court on 15-7-96. The first appeal was dismissed on 15-12-1998. Second Appeal was also dismissed by this court on 7-7-1999 and the Apex Court dismissed the Special Leave Petition on 6-3-2000. While passing the original decree the Court directed the Executing Court to assess the amount of mesne profits. Accordingly, the mesne profits were decided by the Executing Court by order dated 5-8-96 and it was directed that the present petitioner shall pay mesne profits to the respondents at the rate of Rs. 270/- per month. Against this order the landlord preferred an appeal but the said appeal was withdrawn and thus, the order dated 5-8-96 deciding the mesne profits has become final. Thereafter, the landlord filed an application under Section 151 of the Code of Civil Procedure on 2-2-2000. On this application, the Executing Court has directed that the petitioner tenant will pay compensation at the rate of Re. 1/per sq. ft. from 15-12-1998 till the date of possession. This order is under challenge in this revision.

(3.) It is pertinent to point out that the possession of the suit premises was handed over to the landlord on 7-9-2001 by executing the decree for ejectment.